Pawan Kumar @ Ramdarshan vs State

Heard learned counsel for the petitioner as well as learned Public Prosecutor and also perused the material on record.

The petitioner has been arrested in connection with FIR No.328/2019 of P.S. Rawatsar, District Hanumangarh for the offences punishable under Sections 323, 341, 354(a), 363, 366, 376(3)/511 of I.P.C. and Section 7/8 of POCSO Act. He has preferred this bail application under Section 439 Cr.P.C.

Learned counsel for the petitioner has submitted that allegation of sexual assault upon minor daughter of the complainant levelled against the petitioner is absolutely false. Learned counsel for the petitioner has submitted that the FIR regarding the incident was lodged with a delay of around 8 hours though the complainant was aware about the accused persons. Learned counsel for the petitioner has further submitted that the prosecutrix, in her statements recorded under Sections 161 and 164 Cr.P.C., has alleged that the petitioner had sexually assaulted her but the police after thorough investigation and taking into consideration the statements of parents and relatives of the prosecutrix have filed charge-sheet against the petitioner for the offence of attempting to commit rape upon the prosecutirx. Learned counsel for the petitioner has submitted that after rejection of first bail application of the petitioner, charge-sheet has been filed. Learned counsel for the petitioner has also submitted that as a matter of fact, the prosecutrix went with the petitioner in his car as per her own free will, however, when the complainant and real brother of the prosecutrix came to know about the incident, they immediately reached the spot, where the prosecutrix was sitting in the car of the petitioner, and started quarreling, then due to fear, the petitioner ran away from the scene of crime and thereafter the prosecutrix returned to her house. Learned counsel for the petitioner has submitted that the petitioner did not attempt to commit rape upon the prosecutrix and he simply took her away in his car for drive as per her own free will.

Learned Public Prosecutor has opposed the bail application. Having heard learned counsel for the parties and having taken into consideration the conclusions arived at by the police in the cahrge-sheet to the effect that the petitoner did not sexually assault the prosecutix and simply took her away in his car, without expressing any opinion on the merits of the case, I deem it just and proper to grant bail to the accused petitioner under Section 439 Cr.P.C.

Accordingly, this bail application filed under Sec.439 Cr.P.C. is allowed and it is directed that petitioner Pawan Kumar @ Ramdarshan S/o Late Shri Ram Kumar shall be released on bail in connection with FIR No.328/2019 of P.S. Rawatsar, District Hanumangarh provided he executes a personal bond in a sum of Rs.50,000/- with two sound and solvent sureties of Rs.25,000/-each to the satisfaction of learned trial court for his appearance before that court on each and every date of hearing and whenever called upon to do so till the completion of the trial.